October 1998: Torture: A state's Tyranny.

 

Torture: A State's Tyranny

Introduction

Part One:

Documentation and research

Background on arrests and charges pressed against detainees

The security forces responsible for arresting and torturing the victims

Part Two:

Legality of arrest and detention

Arrest memo

Methods used in arrest procedures

Where is the legality of arrests?

Legal opinion in the way detention and arrest are carried out

Part Three:

Methods used in torturing prisoners

A.      Defining torture

B.       Torture as defined by the International Convention Against Torture

C.       The length of time spent while interrogating and torturing a victim

D.      The way in which victims are tortured:

1.        Physical torture

2.        Mental torture

E.       Damage derived from torture

1.        Direct physical damage

2.        Mental damage derived from torture

3.        Mental and social scars of torture on society and the detainee’s family

F.       The legal view

G.      The right to lodge complaints  

Part Four:

Torture to death:

1.        Nasser al-Huroub

2.        Walid al-Qawasmeh

Part Five:

Conclusions

Letter to the Minister of Justice

A detainee's Testimony under oath

List of persons who died in detention

List of persons who were sentenced to capital punishment

 

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Torture: A State's Tyranny  

Torture During the First Six Months of 1998 in Palestinian National Authority Detention Centers and Prisons  

   Introduction:                                                                     

 

"We heard a lot about torture cases and killings inside prisons, but they were always justified. What is happening draws a big question mark to where things are going."

 Representative Hassan Khreisheh, member of the monitoring committee and human rights. Quote from "Al-Rissalah" newspaper, 27/8/1998 issue.

"How can Palestinian security forces, who are supposed to protect our people, be involved in such practices?"

Representative Dr. Kamal al-Sharafi, head of the monitoring committee and human rights. Quote from Al-Rissalah" newspaper, 27/8/1998 issue.

"We do not want to be an alternative authority. All we want is fair and just investigation. Therefore, the committee has the right to sit down with prisoners and ask about their conditions, and whether they have been exposed to torture or pressure."

Representative Hatem Abdul-Qader, member of the monitoring committee and human rights. Quote from "Al-Rissalah" newspaper, 14/5/1998 issue.

"The Palestinian Legislative Council (PLC) is a council that represents the people. Its responsibilities and duties are to secure that the law and the respect of human rights are being applied. From the beginning, the PLC tried to obtain more authority over these rights, but to no avail."

Former representative Dr. Heidar Abdul Shafi. Quote from "Al-Quds" newspaper,  3/10/1997 issue.

"I would like to say that arresting a citizen requires a series of measures. His name needs to be put down in the detention file, and there should be a legal reason to arrest him."

Jibril Rujub, head of the PSS in the West Bank. Quote from "al-Khalij" newspaper in the United Arab Emirates.

"There are cunning attempts by people who claim to be defenders of human rights. I want to stress that we are people who realize that our first duty is to provide the security of the citizen and the nation. Therefore, there is no need for inexcusable public provocation, especially when we are fair and just while interrogating and punishing persons."

Brigadier-General Amin al-Hindi, head of the GI. Quote from "al-Rissalah" newspaper, 13/8/1998 issue.

Torturing Palestinian victims in PNA jails and detention centers under the hands of the various Palestinian Security Forces, has become a daily routine. Every prisoner has come to realize the extreme danger of his detention. The phrase that has been repeatedly said regarding a number of prisons in the Arab world, such as Abu Za’abal prison in Egypt, al-Mazzeh prison in Syria, Abu Ghareeb prison in Iraq, and other prisons in the other Arab countries, is: “ whoever entered these prisons was considered lost, and whoever came out of them alive was considered reborn.” This is a very common phrase in the Arab world today.

The fight against torture in every way possible has its own special day. Celebrating the fight against torture is celebrated today worldwide on 26 June – United Nations International Day in Support of Victims of Torture. This international invitation for such a struggle does not seem to be received kindly by the PNA, whose various security forces still use harsh physical and mental pressure against detainees, whose confessions are taken by force.

The Palestinian Human Rights Monitoring Group (PHRMG), did not write this report haphazardly or to build enmity with the PNA. Rather, the PHRMG sees the importance in preserving human dignity. After a long history of time, we have reached a point where civilization is advancing tremendously. People play the most important part in this civilization, and should therefore value all humanity and the right of being.

This report was written on the occasion of two events. The first is the declaration released by the United Nations whereby the 26 of June of every year is considered the international day for struggle against torture, and defeating it through the various governments and countries around the world. The second occasion is the fifth year anniversary since the PNA took over parts of the West Bank and Gaza Strip on 13 September 1993. The PHRMG is going to continue its struggle to preserve the respect of human rights, and reinforce the principles of law in the Palestinian society, in order to build a pluralistic and open democratic society, where Palestinian human rights are respected. The Palestinians have suffered long enough from the violations committed by the oppressing Israeli occupation.

The PHRMG sees the urgent need of pointing the spotlight at the procedures used during interrogation, such as the torture, and maltreatment of detainees in Palestinian detention centers. Violations committed by Palestinians against their fellow compatriots in detention need to be exposed. The PHRMG has released many reports since its establishment in 1996, regarding this issue. Many other organizations, both local and international, have been concerned about this issue, and wrote about it as well. Amnesty International and the Palestinian Independent Commission for Citizens’ Rights are examples.

All these reports pointed out the widespread use of torture in PNA prisons and detention centers. Many invitations and letters have been sent to officials in the PNA, asking them to stop torturing Palestinian detainees regardless of their charges and political belonging, especially since many of these detainees fell victims or became permanently handicapped because of this torture. The last detainee who fell a victim in Palestinian detention areas was Waleed Mahmoud al-Qawasmeh from Hebron. Al-Qawasmeh died on 9 August 1998, due to a fractued scull.

Most countries around the world, including the PNA, adopted the many international declarations that secure protection for detainees, and not expose them to maltreatment and torture. Some of these declarations were the universal Declaration of Human Rights in 1948, the Universal Declaration of Civil and Political Rights in 1966, and the International Agreement for the Fight Against Torture in 1984. The PHRMG has managed to collect testimonies from 68 persons since the beginning of 1998. The victims wrote these testimonies themselves, and they demonstrated that the use of torture in Palestinian jails and detention centers is widespread, and that there is an obvious violation to the many universal declarations that prohibit the use of torture.

To make a precise scientific picture, the PHRMG completely interpreted all the information and documents it had collected in the form of reports, and 68 testimonies under oath.

It is important to point out that our report does not include the situation in detention and arrest areas. This we have discussed in earlier reports released by the PHRMG in June 1997. What we are going to demonstrate in this report is a summary on the policies used by the security forces while interrogating and torturing Palestinian detainees.

 

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